9-1.5406

Subpart 9-1.11-Qualified Products

9-1.5407

9-1.1101 Procurement of qualified prod

ucts.

9-1.5408

9-1.1150

Distribution of qualified products lists.

General policy.

Guides applicable prior to selection of contractor and execution of contract.

Commercial or other use of information and data obtained under AEC cost-type contracts. AUTHORITY: The provisions of this Part 9-1 issued under sec. 161, as amended, 68 Stat. 948, 42 U.S.C. 2201; sec. 205, as amended, 63 Stat. 390, 40 U.S.C. 486.

SOURCE: The provisions of this Part 9-1 appear at 34 F.R. 15102, Sept. 27, 1969, unless otherwise noted.

Subpart 9-1.1-Procurement
Regulations

This subpart describes the Atomic Energy Commission Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of FPR, exclusions, deviations, and other AEC Procurement Instructions. § 9-1.102

Establishment of AEC Procurement Regulations.

(a) The AEC Procurement Regulations (AECPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System.

(c) The effective date of FPR issuances throughout AEC will be the date indicated in the respective issuances, unless otherwise provided in the AEC Procurement Regulations.

(d) The effective date of AECPR issuances throughout AEC will be the date indicated in the respective issuances. § 9-1.103 Authority.

The AEC Procurement Regulations are prescribed by the General Manager, Assistant General Manager for Operations, or the Director, Division of Contracts of the AEC, pursuant to the authority of the Atomic Energy Act of 1954, and the Federal Property and Administrative Services Act of 1949.

(a) The numbering system permits identification of every unit. The first digit, followed by a dash, represents the chapter number (AEC has been assigned Chapter 9). The dash is followed by the part number which may be one or more digits followed by a decimal point. The numbers after the decimal point represent, respectively, the subpart, section (in two digits) and, after a second dash, subsection, paragraph, subparagraph, and additional subdivisions. For example, this division is called "§ 9-1.106-2," in which the first digit denotes the chapter, the second the part, the third the sub

part, the fourth and fifth the section, and the sixth the subsection.

(b) Where the AECPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of the AECPR will be numbered (and captioned) to correspond to the FPR part, subpart, section, or subsection.

(c) Where the AECPR supplements the FPR, the numbers 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of the FPR requires no implementation, the AECPR will contain no corresponding part, subpart, section, or subsection number.

AEC Procurement Regulations will be cited in accordance with Federal Register standards approved for the FPR. Thus, this section, when referred to in divisions of the AEC Procurement Regulations, should be cited as "§ 9-1.1063 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 9-1.106-3." Any section of the AEC Procurement Regulations may be informally identified, for purposes of brevity, as AECPR followed by the section number, i.e., "AECPR 9-1.106-3."

§ 9-1.107 Implementation and supplementation of FPR.

§ 9-1.107-1 Description.

The AEC Procurement Regulations "implement" and "supplement" the FPR. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the AECPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the AECPR.

(b) Supplementation means AECPR coverage of matters which have no counterpart in the FPR.

The term "deviation" includes any of the following actions:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract, or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

§ 9-1.109-2 Procedure.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the Federal Procurement Regulations System shall be kept to a minimum and controlled as follows:

(a) In individual cases, deviations from the FPR and AECPR may be au

thorized by Division Directors, Headquarters (having contracting authority) and Managers of Field Offices, unless otherwise provided. This authority may not be redelegated.

(1) A supporting statement for each individual deviation, which indicates briefly the nature of the deviation and the reasons for such special action shall be included in the contract file.

(2) A copy of the supporting statement for each individual deviation shall be forwarded to the Director, Division of Contracts.

(b) In classes of cases, requests for deviations from the FPR and the AECPR shall be forwarded in triplicate through the appropriate Division Director, Headquarters, to the Director, Division of Contracts, and shall be accompanied by an appropriate supporting statement. Requests will be considered on an expedited basis and appropriate coordination with Headquarters staff and program divisions will be obtained by the Director, Division of Contracts. Requests involving the FPR will be considered jointly by AEC and the General Services Administration, unless, in the judgment of the Director, Division of Contracts, after due consideration of the objective of uniformity and the program responsibilities of AEC, circumstances preclude such joint effort. In such case, the Director, Division of Contracts will approve such class deviations as he determines necessary and will appropriately notify the General Services Administration.

§ 9-1.110 Exemptions.

(a) Section 602(d) (13) of the Federal Property and Administrative Services Act of 1949, as amended, provides that nothing in that Act shall impair or affect any authority of the Atomic Energy Commission. This includes the authority of AEC under the Atomic Energy Act of 1954, as amended, Public Law 85-804, and any other law.

(b) This exemption authority is to be exercised only to the extent that compliance with the requirements of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect the carrying out of AEC's programs. Except as otherwise expressly provided in these regulations, requests for exemptions from the requirements of Title III of the Federal Property and Administrative Services Act of 1949, as amended, shall be submitted to the Director, Division of Contracts. Such

requests will be accompanied by an appropriate explanation and justification for the exemption, which sets forth the grounds on which compliance with the particular requirements of Title III of the Federal Property and Administrative Services Act of 1949, as amended, would impair or affect AEC programs. Subpart 9-1.2—Definition of Terms § 9-1.201 Definitions.

This subpart contains definitions of terms used generally throughout the AECPR, in addition to those set forth in FPR Subpart 1-1.2. Additional definitions will be found in individual parts of FPR and AECPR covering terms used in those parts only.

§ 9-1.250 Commission or AEC.

A distinction is made in AECPR between the term "Commission" and the abbreviation "AEC" in that the former is used to mean the Commissioners as a body and the latter to signify the U.S. Atomic Energy Commission. Many contract clauses make no distinction in these terms. Where practicable, this distinction will be made in AECPR, except in contracts and contract clauses where the terms are used synonymously.

§ 9-1.251 Division Director.

As used in AECPR, the term "Division Director" means the Director of a Division at the Headquarters level who is authorized to enter into contracts. § 9-1.252

Subcontract.

The term "services" means services other than personal services including, by way of description and without limitation, nonpersonal services; educational or training services; architectural or engineering services; maintenance or repair services; transportation services; utility services; operating and management services; experimental, developmental, or research work; and construction work.

Subpart 9-1.3-General Policies § 9-1.301 Methods of procurement.

(a) General. In promoting the primary objective of strengthening the common defense and security rapidly and effectively, there is a great responsibility to protect and preserve competitive enterprise. All practicable steps must be taken to provide for the equitable distribution of contracts among the maximum number of competent suppliers and to avoid the concentration of contracts among a relatively few suppliers.

(b) Procurement by formal advertising. Supplies and services shall generally